UN Treaty for Disabled Children is on the ballot again for June 3rd-4th, 2013


I want to take some time to explain to those who do not understand what this treaty will do if it is passed.  Right now the law states that parents have the right and responsibility to care for their children and loved ones who are disabled.  If this bill is passed all decisions for their education, healthcare, and maybe even guardianship will be made by the government.   If you do NOT have a disabled child or loved one at this time, please be in mind that at any time if someone you love has an accident that can render them “disabled” in the legal aspect you will then fall into this bracket.

I recently spoke with a grandmother whose grandchild suffered an injury to the neurological system, even though this treaty has not passed she is already fighting the system to get care for her grandchild.  Anytime you then seek therapy, medical supplies or maybe even legal guardianship this is where this treaty will come into place; your rights as a parent or guardian will at that time be challenged and ignored in the interest of either money or power.  I know of parents who have requested no vaccinations or other health care because of a negative reactions their child had but only to be ignored or had to find another physicians.  If/When this treaty passes there will be no other options for your child if it is deemed that your child “must” have the services that are being required.

If you are not a follower of my blog you can go to the post about applying for guardianship of a disabled loved one if they are under the age of 18, this information was shared with me by another parent of an autistic child. https://myautismjourney.wordpress.com/2012/11/27/applying-for-guardianship-by-age-17-and-the-topic-of-wills/

The article below explains this bill in further detail:

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“UNCRPD is back. We MUST contact our US Senators and let them know that we do NOT like this treaty. They will be discussing it and voting very soon, June 3rd & 4th.

Thank Sen. Blunt for opposing the UNCRPD the last time it was up for ratification, andENCOURAGE HIM TO OPPOSE IT AGAIN. His number is 202-224-5721. Sen. McCaskill voted for the ratification last time. We need her to oppose it this time. Her number is 202-224-6154

Need some talking points? I’ve listed some below:

Although the UNCRPD has the word “disabilities” in its title, the treaty never defines what is meant by “disability.” Without defining this, it cannot be known how broadly the treaty will apply.

The Supremacy Clause in Article VI of the U.S. Constitution ensures that ratified treaties are equal in status to federal law and the U.S.
Constitution and supersede state laws and constitutions. Some of this treaty is the same as the Americans with Disabilities Act, but much of the treaty is quite different and would undermine U.S. law.

Article 7, Section 2 of the treaty states: “In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.” (Emphasis added.) This language is also found in the UNCRC and underscores the necessity of a Parental Rights Amendment. If a government’s assessment of the child’s best interests differs from that of the parents, the government gets to make the decision, not the parents. Current law states that the only situation in which the government decides what is best for a child is in divorce or abuse/neglect situations, which is as it should be.

Article 24 specifically tasks states with the responsibility to make sure that disabled children are educated in environments “which maximize academic and social development.” This, along with Article 7, Section 2, means that nothing could prevent government officials from overriding parental wishes to homeschool their disabled child.

Government-funded abortion: Article 23 of the treaty states, “The right of all persons with disabilities … to have access to…reproductive and family planning education are recognized, and the means necessary to enable them to exercise these rights are provided.” (Emphasis added.) Again, with the treaty never defining what is meant by a disability, it is unknown how far-reaching this article could be.

Article 46 states “Reservations incompatible with the object and purpose of the present Convention shall not be permitted.” So this treaty is all or none. Any Reservations, Understandings, or Declarations (RUDs) attempting to declare that this treaty does not change U.S. Law are simply unenforceable.

The Americans with Disabilities Act already does a tremendous job in protecting the rights of persons with disabilities. It would be a disservice to them to ratify an international treaty that is inferior to this Act, but would now supersede it. If it is ever found that our own law is failing to meet the needs of persons with disabilities, it is the legislatures’ role to enact laws on their behalf, not to ratify a treaty that would diminish their protection. Thank you for your time and consideration. I urge you to OPPOSE the ratification of the UNCRPD.”

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